Legislature(2001 - 2002)
04/15/2002 01:57 PM House FIN
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
April 15, 2002
1:57 PM
TAPE HFC 02 - 83, Side A
TAPE HFC 02 - 83, Side B
TAPE HFC 02 - 84, Side A
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 1:57 PM.
MEMBERS PRESENT
Representative Eldon Mulder, Co-Chair
Representative Bill Williams, Co-Chair
Representative Con Bunde, Vice-Chair
Representative Eric Croft
Representative John Davies
Representative Richard Foster
Representative John Harris
Representative Bill Hudson
Representative Ken Lancaster
Representative Jim Whitaker
MEMBERS ABSENT
Representative Carl Moses
ALSO PRESENT
Representative John Coghill; Rynnieva Moss, Staff,
Representative Coghill; Terri Lauterbach, Attorney, Alaska
Legislative Affairs Agency, Juneau; Amy Erickson, Staff,
Representative Murkowski; Roxanne Stewart, Legislative
Liaison, Department of Administration; Denny Dewitt, Staff,
Representative Eldon Mulder; Jerry Madden, United Southeast
Alaska Gillnetters, Juneau; David Bedford, Executive
Director, Southeast Alaska Seiners, Juneau; Amy Erickson,
Representative Murkowski; Jerry McCune, United Fishermen of
Alaska, Juneau; Theresa Tanoury, Family Services
Administrator, Division of Family and Youth Services,
Department of Health and Social Services; Mike Tibbles,
Staff, Representative Williams.
PRESENT VIA TELECONFERENCE
Sue Aspelund, Executive Director, Cordova District Fishermen
United, Cordova; Paul A. Shadura II, Kenai Peninsula
Fishermen's Association, Kenai; Shari Paul, Alaska
Children's Trust; Terri Lauterbach,
SUMMARY
HB 252 "An Act relating to the construction of certain
statutes relating to children; relating to the
scope of duty and standard of care for persons who
provide services to certain children and families;
and providing for an effective date."
CSHB 252 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and with previously
published fiscal note: HSS (#1).
HB 504 "An Act relating to the wages of people working in
the fisheries business."
CSHB 504 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and with a new zero
fiscal note by the House Finance Committee for the
Department of Labor and Workforce Development.
HB 509 "An Act relating to Alaska children's trust
registration plates; and providing for an
effective date."
CSHB 509 (STA) was REPORTED out of Committee with
a new fiscal impact note by the Department of
Administration.
HB 515 "An Act relating to missions and measures to be
applied to certain expenditures by the executive
branch of state government and the University of
Alaska and by the judicial branch of state
government from the state operating budget for the
fiscal year ending June 30, 2003; and providing
for an effective date."
CSHB 515 (FIN) was REPORTED out of Committee with
a "do pass" recommendation and with a new zero
fiscal note by the House Finance Committee for all
departments.
CSSCR 28(RES)
Establishing the Joint Legislative Salmon Industry
Task Force.
HCS CSSCR 28 (FIN) was REPORTED out of Committee
with a "do pass" recommendation and with a new
fiscal impact note by the Legislative Affairs
Agency.
HOUSE BILL NO. 252
"An Act relating to the construction of certain
statutes relating to children; relating to the scope of
duty and standard of care for persons who provide
services to certain children and families; and
providing for an effective date."
RYNNIEVA MOSS, STAFF, REPRESENTATIVE COGHILL testified in
support of the legislation. She provided members with
proposed committee substitute, work draft LS0454\R, 4/12/02
(copy on file). She reviewed the committee substitute. A new
section was added on page 5, line 3 to state:
The state and the state's and agents may not be held
civilly liable for money damages for failure to perform
a duty imposed under this chapter solely on the basis
that the duty was not performed within a time period
specified under this chapter.
Ms. Moss maintained that children and their parents should
be able to sue the state when it wrongful abuses its power.
She observed that the Division of Family and Youth Services
has more power over more vulnerable Alaskans than any agency
in government. The sponsor, Representative Coghill, believes
that means they should be held most accountable.
Ms. Moss observed that remedies for children and parents
should include equitable relief, which the proposed
committee substitute does. This means that they have a way
to make government do what is right. They should also have
the ability to recover civil damages for losses due to
government's failure to fulfill duties assigned by the
legislature.
Ms. Moss referred to language recommended by the Department
of Law. She asserted that the department's language
continues to protect government from full accountability for
wrongful conduct that can have a devastating impact on
children and families. It would allow government to escape
liability for the failure to comply with the duties in
statute. The duties include the duty of the state when it
acts as a child custodian to fulfill the duties of a
custodian just as parents are expected. These duties include
providing for safety, care, nurturance, and education of
children. When the state takes a child from its family it
should be fully accountable while performing the same duties
that parents are legally obliged to provide. Government
should be more alert and assertive in performing its duties
to children, families and parents. Because the Department of
Law has failed to come up with statistics on monetary suits,
they are assuming that there are very few cases brought
against the Division of Family and Youth Services. She
maintained that the legislation places into statute what
most Alaskans already believe is the case: that when
government takes a child into custody, they are accountable
for their actions on as close to as level a playing field as
parents are liable. The proposed committee substitute allows
flexibility in meeting timelines in dealing with court
requirements, something that parents do not have. While the
Division of Family and Youth Services does not have the
ability to level monetary damages for failure to care, they
have the more extreme ability to take their children away
from their parents.
Representative Harris MOVED to ADOPT work draft LS0454\R,
4/12/02. There being NO OBJECTION, it was so ordered.
Representative Hudson stated his intention to change the
effective date from July 1, 2002 to July 1, 2003 for
sections 3-6 and 8-9. He noted that this would delay the
implementation of the "intensive family preservation
services" until 2003, while allowing the study to go
forward. He noted that he supports the legislation but
observed that there have been concerns regarding the date of
implementation. He expressed concern that a 2002
implementation date would disrupt current services. There is
no new funding for the provisions. He observed that 24-hour
services would require additional staffing. The next
legislature could change to an earlier implementation date.
Sections 7 and 10 would retain the July 1, 2002 effective
date.
Representative John Coghill spoke in support of the delayed
effective date.
Representative Hudson MOVED to ADOPT Amendment 1: delete
"2002" and insert "2003" on page 7, line 5.
Representative Davies referred to language on page 4,
beginning on line 17: The department need not provide
services to an otherwise eligible family if (1) services are
not available in the community in which the family resides;
or (2) services cannot be provided because the program is
filled to capacity." He concluded that the concerns being
raised by the amendment are already addressed in the
legislation. The legislation reflects the practicality of
whatever funding is available.
Representative Hudson responded that persons under contract
to provide the services feel that there is an implied
mandate to move into the intensive family preservation
services to the harm of the existing services, primarily
because only $50 thousand dollars was added in the fiscal
note (to provide for the study).
Representative John Davies argued that there might be
opportunities for the department to implement the provisions
and questioned why prevent them from doing so when they can.
He pointed out that there is already language that clarifies
that there is no requirement to do so if the money is not
available.
TERRI LAUTERBACH, ATTORNEY, ALASKA LEGISLATIVE AFFAIRS
AGENCY, JUNEAU, provided information regarding the
legislation. She explained that section 10, which would
still go into effect on July 1, 2002, reflects the
definition of intensive family services in section 8.
Section 8 only includes the definition and should have the
same effective date.
Representative Hudson concluded that sections 3 - 6 and 9
would be delayed to July 1, 2003. Sections 8 and 10 would
have a July 1, 2002.
Ms. Lauterbach noted that section 7 has not been addressed
and would therefore be a 90-day effective date.
Co-Chair Williams repeated the motion to amend:
* Sec. 11. Sections 1 and 2 of this Act take effect
under AS 01.10.070(c).
* Sec. 12. Sections 8 and 10 of this Act take effect
July 1, 2002.
* Sec. 12. Sections 3-6 and 9 of this Act take effect
July 1, 2003.
Ms. Moss observed that the sponsor would prefer section 7 to
have an immediate effective date.
Vice-Chair Bunde requested the amendment in writing.
HB 252 was HELD in committee until later in the meeting.
HOUSE BILL NO. 509
"An Act relating to Alaska children's trust
registration plates; and providing for an effective
date."
AMY ERICKSON, STAFF, REPRESENTATIVE MURKOWSKI, testified in
support of HB 509. She noted that HB 509 makes one minor
change to Alaska statute to allow Alaska Children's Trust
license plates to be made available to any commercial or
non-commercial passenger vehicle, truck, bus, van, or motor
home. Current Alaska statutes only allow owners of
noncommercial vehicles to apply for and purchase ACT license
plates.
This small change would allow the Alaska Children's Trust to
respond positively to requests by industry and private
business to purchase children's trust license plates for
fleet vehicles and to market sales to an additional 56,500
vehicle owners, a potential boost of $5,650,000 for the
prevention of child abuse and neglect.
The Alaska Children's Trust was established by the
legislature in 1988 and is a savings account dedicated to
funding community-initiated projects to eliminate child
abuse and neglect.
The trust's funds grow through gifts, bequests, corporate
and individual contributions, legislative appropriations,
federal funds, and sales of heirloom marriage and birth
certificates as well as children's trust license plates.
Passage of HB 509 will greatly expand the trust's savings
account and vastly improve their ability to advance the
projects and mission of eliminating child abuse and neglect
in the state.
Vice-Chair Bunde questioned if the legislation should be
expanded to vanity plates. Ms. Erickson clarified that
commercial passenger vehicles are allowed to purchase vanity
plates. The large commercial vehicles are not. She did not
know how much interest there would be in extending the
legislation.
ROXANNE STEWART, LEGISLATIVE LIAISON, DEPARTMENT OF
ADMINISTRATION, provided information relating to the
legislation. She noted that the Division did not anticipate
a demand among the larger vehicles. The Division would not
object to the expansion.
Ms. Erickson observed that the sponsor would not object.
Vice-Chair Bunde noted his intention to amended the
legislation on the House Floor.
Representative Foster MOVED to report CSHB 509 (STA) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 509 (STA) was REPORTED out of Committee with a new
fiscal impact note by the Department of Administration.
HOUSE BILL NO. 515
"An Act relating to missions and measures to be applied
to certain expenditures by the executive branch of
state government and the University of Alaska and by
the judicial branch of state government from the state
operating budget for the fiscal year ending June 30,
2003; and providing for an effective date."
Co-Chair Mulder provided members with Amendment 1: provide
an accessible and impartial forum for the just resolution of
all cases that come before it, and to decide the cases in
accordance with the law, expeditiously and with integrity.
DENNY DEWITT, STAFF, REPRESENTATIVE ELDON MULDER, explained
that the amendment would change the mission for the Alaska
Court System. This is the first year that the courts have
been brought into the missions and measures bill. He
referred to the separation of powers issue and noted that it
had been respected. The Alaska Court System is comfortable
with the measures but felt that, since they have a
constitutional responsibility for their own administration,
that the legislation should reflect the mission that they
had adopted. It is substantially the same.
Co-Chair Mulder MOVED to ADOPT Amendment 1. There being NO
OBJECTION, it was so ordered.
Mr. Dewitt reviewed technical changes. The first amendment
is on page 23, line 9: delete "law" and insert "statute".
The language was recommended by the Department of Law and
agreed on by legislative counsel. "Law" is all encompassing.
Mr. Dewitt observed that there should be a comma between
"average" and "median" on page 30, line 23; page 31, line
31, line 17; and page 33, line 2.
Mr. Dewitt noted that the last technical change occurred on
page 46, line 5: delete "rapes" and insert "sexual
assaults", which is a defined term.
Co-Chair Mulder MOVED to ADOPT technical amendments: page
23, line 9: delete "law" and insert "statute"; place a comma
between "average" and "median" on page 30, line 23; page 31,
line 31, line 17; and page 33, line 2; and on page 46, line
5: delete "rapes" and insert "sexual assaults". There being
NO OBJECTION, it was so ordered.
Representative Croft MOVED to ADOPT Amendment 3:
Page 1, line 2 after "Alaska" insert:
", the legislative branch of state government,"
Page 59, line 6
1) Add a new article to read:
Article 16. Alaska State legislature
Sec. 154. Alaska State Legislature.
(a) The mission of the Alaska State Legislature is to
adopt a balanced budget.
(h) The legislature intends to measure its success by
whether the legislature adopts a budget that balances
revenue and expenditures without unsustainable
withdrawals from the State of Alaska's savings
accounts.
Representative Croft explained that the amendment would add
a mission and measure for the legislature. He maintained
that there is no more fundamental, central task than to
adopt a balanced budget.
Co-Chair Mulder OBJECTED. He observed that the legislature
is already required to adopt a balanced budget through the
Constitution. The ability to do so is contained within the
ability to withdraw funds from the Constitutional Budget
Reserve. He did not agree with the evaluation of the
legislature's success or failure based on the ability to
adopt a fiscal plan.
Representative Davies argued in support of the amendment.
A roll call vote was taken on the motion.
IN FAVOR: Croft, Davies, Hudson
OPPOSED: Foster, Harris, Lancaster, Whitaker, Bunde, Mulder
Representative Carl Moses was absent from the vote.
The MOTION FAILED (3-6).
Representative Foster MOVED to report CSHB 515 (FIN) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 515 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with a new zero fiscal note by the
House Finance Committee for all departments.
CS FOR SENATE CONCURRENT RESOLUTION NO. 28(RES)
Establishing the Joint Legislative Salmon Industry Task
Force.
SENATOR ALAN AUSTERMAN, SPONSOR, testified in support of SCR
28. He observed that the legislation reflects what is
happening in the salmon industry in terms of a decline in
price and an influx of farmed fish. He observed that the
issue has been coming down the road for quite some time and
noted that it has been waiting for the industry to react and
the Administration to take on the issue. He noted that he
has attended four different salmon summits sponsored by the
Administration, which have not resulted in any action. He
hoped that legislators on the Task Force would drive the
issue and find answers and make recommendations that the
legislature can implement, which would help crisis and
indicate actions that the industry can take.
In response to a question by Representative Croft, Senator
Austerman stated that he did not object to changing the Task
Force to eleven members.
Co-Chair Mulder MOVED to ADOPT proposed committee
substitute, work draft 22-LS1572\P, 4/15/02. There being NO
OBJECTION, it was so ordered.
Senator Austerman noted that a change occurred on line 19 of
page 3 - 28, which reduced the membership from 13 to 9.
Co-Chair Williams observed his intent to change the
membership to 11: four legislative and seven public members.
Senator Austerman noted that there was some concern that the
amount of work would require more than 13 members. He
thought that 11 members would be sufficient.
Vice-Chair Bunde questioned the effect of 11 members on the
fiscal note.
SUE ASPELUND, EXECUTIVE DIRECTOR, CORDOVA DISTRICT FISHERMEN
UNITED, CORDOVA testified via teleconference in support of
CSSCR 28 (RES). She maintained that representatives of the
salmon industry: fishermen, tendermen, and processors, must
sit on the Task Force. Without the extensive and intimate
involvement of the industry at that level, constituent buy-
in of the results is unlikely. She noted that it would also
be critical to seek the knowledge and expertise of resource
managers, seafood marketers, economists, industry
regulators, infrastructure representatives and local
governments. She noted that they agree with the comment of
NorQuest President Terry Gardiner in his paper entitled
"Alaska Seafood Industry, Radical 5urgery? or Slow Death."
She maintained that leaders are needed to represent the
various segments of the industry. A forum needs to be
established to have serious discussions and a goal
established in order to develop a broad-based consensus for
change. Without a broad base of consensus, any plans for
change would be dead on arrival. She noted that the Cordova
District Fishermen United strongly believes that the
Austerman Task Force as it passed the Senate is the forum
described by Mr. Gardiner, and that consensus in the fishing
industry would only be realized when industry folks are
significantly involved in identifying the problems and
developing the solutions.
Ms. Aspelund maintained that formalizing and supporting this
Task Force is on appropriate role for government to play
given the importance of the industry to the economies of
dozens of coastal communities, to thousands of small
independent family fishing operations, to the seafood
processors and industry support infrastructures, and to the
tax base of the state.
PAUL A. SHADURA II, KENAI PENINSULA FISHERMEN'S ASSOCIATION,
KENAI, testified via teleconference in support of CSSCR 28
(RES). He stressed that the task force is an excellent
attempt by Senator Austerman and the legislature in
facilitating solutions for the Alaska fishing communities.
Mr. Shadura observed that at the salmon summit in Kodiak,
discussion moved toward the next step in the revitalization
process. Many felt that the discussions should continue and
that time was of the essence. Many representatives
identified problems they felt determined should be
addressed. The debate of whether there should be "regional"
task forces or a "statewide" task force seemed to be even
Mr. Shadura maintained that, with financial considerations,
the statewide concept should be the catalyst for regional
task forces and that the committee must be comprised of
diverse representation. He emphasized that all Alaskan
fishing communities must have identification within the task
force.
Mr. Shadura stressed the need to develop a consensus of
major improvements that will benefit every fishing community
and the people of Alaska. He acknowledged that that the
group could recommend hard decisions that would change
Alaskan lifestyles.
"It is my hope that this task force will design a
framework and thus a long range salmon fisheries plan
that regions can develop on and establish economic and
regulatory stability for the future of all residents of
the state. The last statewide plan was developed for
Governor Hammond in approximately 1975. It is a
comprehensive review for the fisheries in the entire
state. It established goals and objectives for
fisheries resources and concurrent users. Though not
perfect, the design could be identified as the
framework for preliminary discussions.
It is imperative that all ideas, studies, facts and
figures will be available to the committee. Equally as
important is that the administrative arm should
establish full support in supplying all it's
information gathering and expertise to facilitate the
task force.
JERRY MADDEN, UNITED SOUTHEAST ALASKA GILLNETTERS, JUNEAU,
testified in support of the legislation. He noted that there
is some concern regarding representatives from the private
sector. He suggested that the language be more specific to
address the appointment of commercial fishermen.
TAPE HFC 02 - 83, Side B
DAVID BEDFORD, EXECUTIVE DIRECTOR, SOUTHEAST ALASKA SEINERS,
JUNEAU, testified in support of the legislation. He noted
that 10 years ago a Bristol Bay permit was worth $250
thousand dollars; today it would be worth $25 thousand
dollars. In the course of 10 years the expectation on the
fishery has dropped to a dime on a dollar. The price of
salmon has gone from over a dollar a pound to .40 cents a
pound in the past year. There have been parallel collapses
in salmon prices elsewhere. Processors have laid-off dozens
of purse seine fisherman, some of which have been fishing
for scores of years. He emphasized that any solution must be
built on the communities that rely on the fisheries.
JERRY MCCUNE, UNITED FISHERMEN OF ALASKA, JUNEAU, testified
in support of the legislation. He stressed that problems in
the fishing industry run from infrastructure, to harvest and
processing. He felt that the forum would help turn the
industry around and acknowledged that it would take a lot of
hard work.
Co-Chair Mulder MOVED to changed the representation to 11
members with 7 public members. There being NO OBJECTION, it
was so ordered.
Senator Austerman noted that the original legislation set
out regional representation. Discussion in the Senate
expressed concern that the best-qualified persons be
appointed to the Task Force. The intent was to allow
appointments to be made by the Senate President and House
Speaker based on submissions and recommendations from other
legislators or institutions. The desire is to have persons
with financial and economics expertise relating to the
fishing industry. Small and large processors, the commercial
industry and other entitles need to be involved.
Co-Chair Williams added that he would like to see someone
with working knowledge of the world economy to identify ways
to compete in the current climate.
Senator Austerman pointed out that it would be impossible to
get everyone with an interest at the table. He stressed that
there is a large amount of work to be done and indicated
that the Task Force could appoint subcommittees that may
include others not on the Task Force.
Co-Chair Mulder agreed that the Task Force number should be
kept small, functional and focused on production. He asked
if the expertise of the Board of Fish would be utilized.
Senator Austerman agreed that the Board of Fish has
appropriate information and should be consulted. He noted
that the Legislature with the help of the Task Force is
going to have to push for a result.
Representative Lancaster assumed that the Task Force would
be broad based. He noted that there are questions regarding
over production.
Co-Chair Williams interjected that the Administration would
be engaged in the task force work. A subcommittee of
fishermen from throughout the state could work along with
the Administration.
Representative Harris noted that there are disagreements
within the fishing industry and expressed the hope that
there would be cooperation. He referred to the fiscal note
and questioned the $110 thousand dollar appropriation for
travel. Senator Austerman thought that the number may be low
by the time task force members are moved to meetings and
travel of experts needed to address issues such as anti-
trust is funded. He indicated that one-year might not be
enough time to address the long-range vision. The intent is
to stabilize the industry so that it is there 15 - 30 years
from now.
Representative Hudson agreed with the size of the board. He
noted that large boards become overloaded with logistics. He
noted that the activity could be significant, especially
with a new administration. He emphasized that existing
intelligence should be tapped into, such as the Alaska
Seafood Marketing Institute. He added that sports, guiding
and commercial fishermen should all be included.
Representative John Davies MOVED to ADOPT Amendment 2.
Amendment 2 would require that one of the four legislative
members be appointed from the minority. There being NO
OBJECTION, it was so ordered.
Senator Austerman stressed that the Task Force would
indicate that legislators could come up with creative ideas
and regulatory changes to make the industry work. He
expressed the hope that the result would be a separate task
to address all of the sustainable fisheries in the state of
Alaska in order to generate jobs. Salmon is only one of the
fisheries in crisis.
Representative Foster MOVED to report HCS CSSCR 28 (FIN) out
of Committee with the accompanying fiscal note. There being
NO OBJECTION, it was so ordered.
HCS CSSCR 28 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with a new fiscal impact note by
the Legislative Affairs Agency.
HOUSE BILL NO. 252
"An Act relating to the construction of certain
statutes relating to children; relating to the scope of
duty and standard of care for persons who provide
services to certain children and families; and
providing for an effective date."
Representative Hudson restated his Motion to ADOPT Amendment
1.
* Sec. 11. Sections 1 and 2 of this Act take effect
under AS 01.10.070(c).
* Sec. 12. Sections 8 and 10 of this Act take effect
July 1, 2002.
* Sec. 12. Sections 3-6 and 9 of this Act take effect
July 1, 2003.
Representative Hudson noted that there would be substantive
changes with the legislation. The effective date of July 1,
2002 would be too fast without additional funding. The
Department would have to perform intensive family services.
The amendment would allow the study to occur and the
services to be provided subsequent to the study. He
maintained that the amendment would put a proper time
sequence into the bill to effectively accomplish the goal.
Section 10 would implement the study. Section 8 defines the
program.
THERESA TANOURY, FAMILY SERVICES ADMINISTRATOR, DIVISION OF
FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES discussed the study. The legislation would require
the Division to study who would be eligible for services in
each of the regions and who would benefit from these types
of services. She stressed that the Division does not have
the funding to implement the services under their existing
appropriation. Implementation under their existing
appropriation would cause undue hardship to many families
and children that receive these types of services. She spoke
in support of the amendment.
There being NO OBJECTION, Amendment 1 was adopted.
Representative Croft MOVED to ADOPT Amendment 2. Co-Chair
Williams OBJECTED. Representative Croft explained that the
intent of Amendment 2 would be to clarify the limitation and
liability section. Under the current statute the state is
not liable for violations of the provisions. The intent is
to prevent huge liability costs, by making every conceivable
technical violation of the statute actionable, while
preserving the ability of children and families to assure
that things are done properly. The amendment states that the
department has a duty to exercise reasonable care toward
children in its custody. The amendment also states that
failure to comply with a provision of the title does not
constitute a basis for civil liability. Children and their
families would still be able to use file under the CINA
proceedings.
Ms. Moss stressed that the language in Amendment 2 continues
to protect the government from full accountability for
wrongful conduct and could have a devastating affect on
children, families and parents when a child is in state
custody. She maintained that the amendment allows the
government to escape liability for failure to comply with
the provisions of the title. She observed that
Representative Coghill's legislation addresses timelines but
also acknowledged that the state has the responsibility of
physical care and control of the child, determination of
where and with whom the child shall live, the right and duty
to protect, nurture, train and discipline the child; the
duty of providing the child with food, shelter, education
and medical care; and the right and responsibility to make
the decisions of financial significance concerning the
child. She concluded that the department would not have to
comply with the legislative standards and the department
could not be held monetarily accountable if their actions
hurt families. She questioned what provisions of the title
the legislature not want the department to be accountable
for. She acknowledged the department's difficulty in
following court dates, but emphasized that they need to be
accountable for the duties and standards to children.
Parents are held accountable and their punishment is much
more severe.
Ms. Lauterbach observed that the second sentence of the
amendment needs clarification. She questioned who would be
covered by the "factor to comply." There are lots of
entities covered under the title: including shelters,
programs for run away children, courts and schools. She
observed that the Alaska Temporary Assistance Program, civil
commitment, interstate compact on the placement of children,
delinquency institutions and childcare facility licensure
come under the title. The amendment would provide that
failure to comply with any of the provisions would not be
the basis for civil liability, if the family involved were
also served by CINA.
Representative John Davies thought that the department would
still be accountable through the legal system. He questioned
the remedy of civil damages. He did not see the nexus
between civil liability and the care of the child. He
pointed out that the removal of children from parents is not
meant as a punishment, but is intended to protect the child.
Vice-Chair Bunde questioned the threshold for civil action
against the state. Ms. Lauterbach clarified that Title 9
addresses the distinction between a discretionary and
mandatory duty. If the state under takes to do an act, it
must act without negligence. It would have to be a mandatory
act. The decision to put a sign on a dangerous road could
not be sued, but the failure to put the sign up properly
could be litigated. The choice of services is discretionary,
but if they decide to provide a service, than it must be
provided without negligence.
Ms. Moss emphasized that the Division of Family and Youth
Services is on the same legal ground as any other state
entity. This is the only place where specific law would
state that there is no duty or standard of care; other
entities are not exempted from duty or standard of care. The
agency would be dealt with differently than any other. She
observed that parents might come to two or three visitations
in a row without being able to see their kids.
A roll call vote was taken on the motion.
IN FAVOR: Croft, Davies
OPPOSED: Bunde, Foster, Harris, Hudson, Lancaster,
Whitaker, Williams, Mulder
Representative Carl Moses was absent from the vote.
The MOTION FAILED (2-8).
Vice-Chair Bunde referred to section 4 and questioned if
there would be a separation of power issue.
If the court concludes that continuation of reasonable
efforts of the type described in (a) of this section
are not in the best interests of the child and
intensive family preservation services were not
provided in the case, the court shall enumerate in the
record the reasons the services were not provided.
Ms. Lauterbach observed that the decision is left to the
court. The proposed committee substitute would ask that the
findings be in the record.
Representative Foster MOVED to report CSHB 252 (FIN) out of
Committee with the accompanying fiscal note.
CSHB 252 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with previously published fiscal
note: HSS (#1).
HOUSE BILL NO. 504
"An Act relating to the wages of people working in the
fisheries business."
Representative Hudson MOVED to report CSHB 504 (FIN) out of
Committee with the accompanying fiscal note. Representative
John Davies OBJECTED. He thought that the Committee would
need to rescind the previous action.
MIKE TIBBLES, STAFF, REPRESENTATIVE WILLIAMS, explained that
according to discussions with Tamara Cook, Director,
Legislative Legal and Research Services, Legislative Affairs
Agency, committees are charged with disbursing bills.
Therefore the questioned comes to whether or not a bill
needs to be renewed or action rescinded.
TAPE HFC 02 - 84, Side A
Mr. Tibbles stressed that the Committee has the authority to
act on bills. Discussion continued regarding the motion.
Representative Croft spoke to the bill. He maintained that
it ignores the substantial difference between remote and
non-remote sites and would be a major step backward because
it provides a major exception to the minimum wage law.
Representative John Davies spoke against the legislation. He
noted that legislators that are more than 50 miles away from
their homes receive a different per diem rate. The same
distinction needs to be made for workers at the minimum
wage.
Representative Harris spoke against the legislation. He
thought that the legislation would open exceptions to the
minimum wage for other entities. He expressed concern that
other employees would be impacted when going to places where
housing is not available.
Representative Lancaster expressed concern with the
legislation. He questioned what would happen to the person
that lives in a tent.
Co-Chair Williams emphasized that the legislation would help
commercial fishermen by keeping processors in business.
A roll call vote was taken on the motion.
IN FAVOR: Bunde, Foster, Hudson, Lancaster, Mulder, Williams
OPPOSED: Whitaker, Croft, Davies, Harris
Representative Carl Moses was absent from the vote.
The MOTION PASSED (6-4).
CSHB 504 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with new zero fiscal note by the
House Finance Committee for the Department of Labor and
Workforce Development.
CSHB 504 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with a new zero fiscal note by the
House Finance Committee for the Department of Labor and
Workforce Development.
ADJOURNMENT
The meeting was adjourned at 3:57 PM
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